R v Taylor [2023] NSWDC 433

District Court New South Wales

Medium Neutral Citation: R v Taylor [2023] NSWDC 433 Hearing dates: 11 October 2023 Decision date: 17 October 2023 Jurisdiction: Criminal Before: Coleman SC DCJ Decision: (1) For the offence of dangerous driving occasioning death to which he pleaded guilty, the offender is convicted. (2) The offender is sentenced to a term of imprisonment of 12 months. (3) Pursuant to s 7(1) of the Crimes (Sentencing Procedure) Act 1999 (NSW), that term of imprisonment is to be served by way of an Intensive Corrections Order. (4) The standard conditions of that order apply. They are that: 1. The offender must not commit any offences; and 2. The offender must submit to supervision by a Community Corrections officer. (5) The offender is disqualified from holding a driver's licence for 18 months. s 206B of the Road Transport Act 2013 (NSW) applies. Catchwords: SENTENCING – Driving offences – Dangerous driving occasioning death – Application of Whyte guideline judgment – Low moral culpability - Mitigating factors – Prospects of rehabilitation – Remorse – Unlikely to re-offend – Imposition of ICO – Consideration of community safety as paramount consideration Legislation Cited: Crimes Act 1900 (NSW), s 52A Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3A, 7, 21A, 25D, 66, 73A Road Transport Act 2013 (NSW), s 206B Cases Cited: R v Tomson [1999] NSWCCA 369 R v Whyte (2002) 55 NSWLR 252 Category: Sentence Parties: Director for Public Prosecutions (NSW) (Crown) Jayden Taylor (Offender) Representation: Counsel: Mr G Kidd (Crown) Mr S Bouveng (Offender)